Division 5 of Part XIC of the Trade Practices Act 1974 known as the Competition and Consumer Act 2010 from 1 January 2011, enables access providers, including NBN Co, to voluntarily lodge written special access undertakings (SAU) with the ACCC specifying the terms and conditions upon which they agree to supply a listed carriage service or a service which facilitates the supply of a listed carriage service. The ACCC can accept or reject the undertaking. The access provider can seek to vary an undertaking that is in force or it can withdraw the undertaking.
Special access undertakings can be lodged for services that are not yet declared and for which no access determination is in place.
Under the Trade Practices Act 1974, the ACCC could approve an ordinary access undertaking submitted by a carriage service provider. Ordinary Access Undertakings are no longer available under the Competition and Consumer Act 2010.
On 5 December 2011, NBN Co lodged a Special Access Undertaking (SAU) with the ACCC under section 152CBA in Division 5 of Part XIC of the Competition and Consumer Act 2010 (CCA). The SAU provides a proposed framework for access to services provided over NBN Co’s fibre, wireless and satellite networks for the period up until June 2040.
Foxtel lodged a special access undertaking in relation to the supply of the Digital Set Top Unit Service with the ACCC on 1 December 2006. This was following the ACCC's draft decision to reject its previous undertaking lodged with the ACCC in October 2005. The ACCC accepted the SAU in March 2007.
On 30 May 2007 FANOC Pty Limited (FANOC) lodged a special access undertaking with the ACCC under s. 152CBA of the Trade Practices Act 1974. The special access undertaking relates to the terms and conditions of access to FANOC's prospective fibre-to-the-node Broadband Access Service.
The ACCC final decision is to reject Telstra's ordinary access undertaking relating to matters of pricing for its unconditioned local loop service (ULLS). The undertaking was lodged in March 2008 at the same time as Telstra withdrew its previous ULLS undertaking (dated 21 December 2007).
Final decision; submissions in response to draft decision; extension of time letter; ACCC draft decision; submissions in response to discussion paper; ACCC discussion paper; undertakings.
On 7 October 2005, Hutchison Telecommunications (Australia) Limited (HTAL) and Hutchison 3G Australia Pty Ltd (H3GA) (together Hutchison) lodged six ordinary access undertakings with the ACCC relating to the mobile terminating access service (MTAS).
On 26 November 2004 Vodafone lodged an ordinary access undertaking with the ACCC specifying the terms and conditions it would undertake to meet its standard access obligations to supply the mobile terminating access service (MTAS).
In December 2004 Telstra lodged undertakings proposing monthly, connection and disconnection charges for the unconditioned local loop service (ULLS) and line sharing service (LSS).
In September 2003 Telstra lodged an access undertaking with the ACCC specifying the terms and conditions upon which it undertakes to meet its standard access obligations to supply the line sharing service (LSS).
In November 1997 Telstra lodged three undertakings with the ACCC specifying the terms and conditions upon which Telstra proposed to meet its standard access obligations to supply PSTN, GSM (digital mobile) and AMPS (analogue mobile) origination and termination services.
